Question

Under Article 141 of the constitution in which recent judgment it was held that “it was not everything said by a Judge while giving a judgment that constitutes a precedent “
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A. Government of Karnataka v. Gowramma
B. Hari Yadav v. the State of Bihar
C. Eastern Book Company v. P. B Modak
D. None of these

Answer 1

Hint: Under the article of 141 all laws declared by the Supreme court bind upon all courts within India. The Supreme Court in India is recognized as the law-making organ in India. The decisions are taken by the Supreme Court act as a guide for the courts in the lower strata that are lower courts. All the subordinate courts rely upon the judgment of the Supreme court.

Complete Answer:
Under article 141 of the constitution of India Supreme Court is binding on the lower courts. All the decisions taken by the Supreme Court are to be followed by the subordinate courts.
The apex court while handling cases stated that “when a precedent is recognized for a long period of time into a stare decisis. The Supreme court explained it is not everything stated by a judge while pronouncing a judgment that constitutes a precedent, the only thing in the decision binding upon the lower courts or party is the principle on which the case has been decided. In the case of Karnataka v. Gowramma in 2007, the reliance on the decision without looking at the actual background of the case before it is not permissible was held by the Supreme court of India. Since each case has its own feature not everything said by the judge can act as a precedent. The only thing in the decision of the judge binding the party is the principle on which the case has been decided for that it's crucial to look closely at the decision and eliminate it from the rationale for the decision.
So, the correct answer is Option A.

Note: Under Article 141 of the constitution it was held that “it is not everything said by a Judge while giving a judgment that constitutes a precedent” for the government of Karnataka v. Gowramma. It's important to examine a decision and eliminate it from the ratio decidendi.